With the start of a trial just weeks away, a former Memphis police officer has now pleaded guilty to federal crimes related to the night he participated in the beating of Tyre Nichols.
He is the second of five charged ex-officers to do so.
Emmitt Martin III appeared in a federal courtroom Friday afternoon, alongside his attorneys, to reverse his not-guilty plea to two of the four counts of civil rights violations brought against him.
The counts include an excessive use of force and misleading superiors and others about his conduct the night of Nichols’ arrest in January of last year.
Surveillance and body camera footage captured the five officers restraining, kicking and striking Nichols after he fled what they said was a traffic stop. Nichols died in the hospital three days later. A state autopsy attributed his death to blunt force trauma to the head.
Prosecutors are recommending a sentence of no more than 40 years in prison for Martin, although a federal judge will ultimately decide how much time, if any, he receives.
In brief remarks to reporters and later in a statement, defense attorneys said Martin wanted to take responsibility for his actions.
"Driven by anger, Emmitt Martin used excessive force on Tyre Nichols on January 7, 2023," Stephen Johnson, who represents Martin, said. "Driven by fear, he tried to cover it up."
The recommended sentence from prosecutors for Martin is significantly higher than the 15 years they suggested for Desmond Mills Jr., another former officer who pleaded guilty to identical charges last year.
As part of an agreement with prosecutors, Mills also intends to plead guilty to a still undetermined set of offenses in state court, where he faces a second degree murder charge.
Shelby County District Attorney Steve Mulroy said in a statement that he expects Martin to enter a similar state plea “at the appropriate time.”
“This marks another important step toward closure for the family of Tyre Nichols,” Mulroy said.
The state case has been postponed until after a verdict is rendered in the federal trial, which is slated to begin Sept. 9 for the remaining defendants—Justin Smith, Tadarrius Bean and Demetrius Haley.
They face the same original charges as Martin and Mills, and maintain their innocence.
Nichols' mother, RowVaughn Wells, spoke to reporters outside the courthouse after the hearing in downtown Memphis. She said that the guilty plea was movement “in the right direction” but that it doesn’t ameliorate her grief.
“Tyre was just coming home,” she said. “He was minding his own business and was just coming home.”
Nichols was just down the street from her home when officers finally handcuffed him, and he was eventually transported to the hospital from the same location.
Wells is suing the city for $550 million for her son's death. The civil suit is slated for trial next year.
